Sumaraj v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 Bail Appl..No. 5267 of 2015 () ------------------------------- CRIME NO. 812/2015 OF SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM ------------------------- PETITIONER/ACCUSED :
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1. SUMARAJ AGED 28 YEARS, S/O.SUKUMARAN, SUMARAJ BHAVAN, VENCHAVODE SREEKARIYAM, THIRUVANANTHAPURAM.
2. RAJEESH AGED 37 YEARS, S/O.SADASIVAN, VALIYAVILA VEEDU, CURA 55 VENCHAVODE SREEKARIYAM, THIRUVANANTHAPURAM.
BY ADVS.SRI.A.ABDUL HAKKIM SRI.A.CHANDRA BABU RESPONDENT/STATE :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. THE SUB INSPECTOR OF POLICE, SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM PIN-695 001.
R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A.HARIPRASAD, J.
------------------------------------------------ B.A.No.5267 of 2015 ------------------------------------------------- Dated this the 7th day of September, 2015
O R D E R
Application filed under Section 438 of the Code of Criminal Procedure.
2.
Petitioners are accused in Crime No.12 of 2015 of Sreekariyam Police Station registered for the offences punishable under Sections 342, 365, 368, 323, 324, 506(ii) and 427 r/w Section 34 of the Indian Penal Code. 3.
Prosecution case is that the first accused, who was nurturing enmity towards the de facto complainant, abducted the de facto complainant to a secrete place. They along with other accused persons manhandled the de facto complainant. Thereafter, he was shifted to another place and again caused harm to him. Petitioners plead innocent.
4.
Heard the learned counsel for the petitioners and learned Public Prosecutor.
5.
Learned Public Prosecutor submitted that the petitioners have been named in the FIS. First accused is involved in another crime. Considering the nature of the
B.A.No.5267 of 2015 allegations and the stage of investigation, I find no reason to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure in favour of the petitioners. Petitioners shall surrender before the C.I. of Police, Medical College Police Station, Thiruvananthapuram within a period of 'one week' from today and submit themselves for interrogation. Thereafter, the Investigating Officer shall produce them before the magistrate having jurisdiction on the date of his surrender. Thereafter, the petitioners may move for regular bail. In that event, the learned magistrate shall consider the application on merits .
Sd/- A.HARIPRASAD, JUDGE.
AS /True Copy/ P.A. to Judge